SHOT IN THE DARK CONTEST RULES

 

SHOT IN THE DARK CONTEST (THE “CONTEST”) IS OPEN TO INDIVIDUALS WHO HAVE REACHED THE LEGAL DRINKING AGE OF 19 (NINETEEN) YEARS OLD ON OR BEFORE THEIR DATE OF ENTRY AND ARE LEGAL RESIDENTS OF THE PROVINCE OF BRITISH COLUMBIA. NO PURCHASE IS NECESSARY. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE CONTEST RULES (THE “CONTEST RULES”).  THESE CONTEST RULES EXEMPT ICON FINE WINE AND SPIRITS LTD. AND OTHER PERSONS FROM LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS.  EACH TIME YOU SUBMIT AN ENTRY, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE CONTEST RULES AS THEY THEN READ.

1.            THE CONTEST

The Contest begins at 12:00 a.m. Pacific Daylight Time (“PDT”) on October 20th, 2014 and closes at 11:59 p.m. PDT on November 16th, 2014 (the “Contest Period”).   No entry may be submitted after the end of the Contest and no entry received by the Sponsor after that time will be valid.

 

2.            ELIGIBILITY

1.            To be eligible for this Contest, you must:

a)            be a legal resident of the province of British Columbia; and

b)            be of legal drinking age in the province of British Columbia or older at the time of entry.

2.            Directors, officers, or employees of Icon Fine Wine and Spirits Ltd., and of the brands under management including Shot in the Dark and Quarisa Wines (collectively, the “Sponsors”), their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members and/or the immediate family of any of the above, are not eligible to participate in the Contest.  Employees and contractors of the provincial liquor agencies, liquor licensees, their employees and members of the immediate families of the aforementioned or person with whom they are domiciled are not eligible.

 For the purpose of these Contest Rules, “immediate family” means spouse, mother, father, brother, sister, son and daughter, whether or not they reside in the same household.

3.            The Sponsors shall have the right at any time to require proof of identity and eligibility to participate in the Contest. Failure to promptly provide such proof may result in disqualification. All personal and other information requested by and supplied to Sponsors for the purpose of this Contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right in their sole discretion, to disqualify any entrant, should an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal and other information.

 

 

3.            HOW TO ENTER

1.            There is no purchase necessary to enter the Contest.

2.            To participate in the Contest, you must complete and submit the online entry form located at www.shotinthedarkwines.com (the “Contest Website”). If you do not have Internet access, local libraries may be able to provide access to the Internet and a number of companies offer free email accounts.

3.            Limit of one (1) entry per person. In the case of multiple entries by the same person, only the first eligible entry will be considered.

4.            All entries become the sole property of the Sponsors and will not be returned for any reason.   Entries must be received no later than 11:59pm PDT November 16th, 2014. Entries will be declared invalid if they are late, illegible, incomplete, corrupted, irregular, fraudulent, or mechanically or electronically reproduced.

5.            No communication or correspondence will be exchanged with any person at any time other than the selected entrants.

6.            Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry. For the purpose of these Contest Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selected entrants may be required to provide the Sponsors with proof that the selected entrant is the authorized account holder of the e-mail address associated with the selected entry.

 

4.            PRIZES

1.            There is one prize available to be won consisting of an adventure trip for two to Whistler. The prize has an approximate value of twelve hundred dollars ($1200.00 CDN). 

2.            The Prize Winner are not entitled to the monetary difference between the actual prize value and stated approximate prize value, if any.

3.            The Prize Winner will be contacted by email or phone to arrange the details of their trip within 48 hours after the Prize Winner has been chosen.  A signature will be required to release the prize.

4.            The Prize does not include any other fees, charges or benefits, such as taxes, duties, insurance, all of which are the winners’ sole responsibility. 

5.            The Sponsors will not be held responsible for misdirected, lost, damaged or returned prizes.

6.            All prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash. The Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value if any prize (or portion thereof) cannot be awarded for any reason.

 

5.            WINNER SELECTION

1.            On November 21st, 2014, at the offices of Icon Fine Wine and Spirits Ltd. in Vancouver, British Columbia at approximately 10am PDT, one winner will be selected from all eligible entries received.

2.            Selected entrants will be notified by telephone or e-mail at the telephone number or e-mail address provided in their entry forms no later than forty-eight (48) hours following the random draw. 

3.            To win a Prize, the selected entrant must:

a)            comply with these Contest Rules;

b)            upon notification, respond within five (5) business days by telephone to the contact number provided in the notification message and correctly answer, unaided by any other person, a time-limited, mathematical, skill-testing question administered by the Sponsors. 

c)            within five (5) business days after the selected entrant answers the skill-testing question correctly, the selected entrant must execute a release (the “Release”) that confirms the selected entrant’s:

(i)            eligibility for the Contest and compliance with these Contest Rules;

(ii)           acceptance of the prize as offered;

(iii)          release of, and agreement to, indemnify, save and hold harmless each of the Sponsors and their respective parent companies, subsidiaries, affiliates, employees, directors, officers, suppliers, agents, sponsors and administrators (collectively, the “Releasees”) from any and all losses, claims, actions, proceedings, liabilities, damages, costs or expenses (including reasonable legal fees and expenses) and obligations of any nature and kind whatsoever and howsoever arising, whether known or unknown, whether now or hereinafter exists, which the selected entrant or any other person may suffer or incur arising out of, related to, or connected with the Contest and the prize including personal injury, death or property damage; and

(iv)         consent to the Sponsors’ public announcement of the selected entrant’s name as the prize winner and the use of the selected entrant’s name and address (city), photograph, likeness, voice and biography, in any and all media now known or hereafter devised, without further compensation, and in connection with the Contest and the promotion and exploitation thereof.

(v)          If a selected entrant does not respond in accordance with these Contest Rules or otherwise fails to comply with these Contest Rules, then in Sponsors’ discretion, the prize may be forfeited without any liability to the selected entrant or any other person, and another entrant may be selected by random draw in accordance with these Contest Rules. 

4.            Sponsors are not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for Sponsors to receive a selected entrant’s response.

5.            The names of the Prize Winners may be posted on the Contest Website.

 

 

6.              LIMITATION OF LIABILITY

1.            The Sponsors are not responsible or liable, jointly or severally, for any of the following:

a)            lost, late, misdirected, invalid or incomplete entries, notifications, responses, replies or Releases;

b)            computer, online, telephone, hardware, software or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry;

c)            incorrect or inaccurate information (including entrants’ telephone numbers or e-mail addresses), whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest;

d)            error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or

e)            damage or loss, including any loss of use, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or equity, arising from, connected with, or relating to the Contest, or the submission of entries to the Contest, or participation in the Contest, or the Contest prize, or the use of the Contest Website, or the use or misuse of entrants’ personal information, and regardless of cause or any negligence by the Sponsors or any person or entity for whom any of them are responsible, and notwithstanding that any of those entities or person may have been advised of the possibility of such loss or damage being incurred.

 

7.            CONDUCT

  1. By participating in the Contest, you agree to be bound by the Contest Rules, which is posted at the Contest Website and made available at Icon Fine Wine and Spirits Ltd., 450 1500 West Georgia Street, Vancouver, BC, V6G 2Z6 throughout the Contest Period.
  2. You further agree to be bound by the decisions of the Sponsors, which shall be final and binding in all respects.
  3. The Sponsors reserve the right, in their sole discretion, to disqualify any entrant found to be:

           a) violating the Contest Rules;

           b)  tampering or attempting to tamper with the entry process or the operation of the Contest or the                    Contest Website;

           c)  violating the terms of service, conditions or use and/or general rules or guidelines of any Icon                     property or service; and/or

           d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or                      harass any other person.

4.            CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.

 

8.            BCLDB Disclaimer:  The British Columbia Liquor Distribution Branch and the BC Liquor Control and Licensing Branch are not connected with this Contest in any manner whatsoever and is not liable in any way whatsoever in regards to any matter which relates to or arises from the Contest.

 

9.            PRIVACY / USE OF PERSONAL INFORMATION

By participating in the Contest, you consent to the Sponsors’ collection, use and disclosure of the your name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Contest winners and disclosing Personal Information to third-party agents and service providers of any of the Sponsors. By participating in the Contest, you further consent to the Sponsors' use of your name, mailing address, telephone number, and email address for the purposes of sending you promotional and sales material. The Sponsors will use your Personal Information only for the identified purposes, and protect your Personal Information in a manner that is consistent with the Whitefish Group Privacy Policy, which is available here.

10.          TERMINATION

Sponsors reserve the right, in their sole discretion, to terminate the Contest, in whole or in part, and modify, amend or suspend the Contest (including these Contest Rules) in any way, at any time, for any reason (including reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of the Contest Website), without prior notice or any liability to any person.   Any changes to the Contest Rules will be published on the Contest Website.

11.          LAW AND DISPUTES

1.            All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between you and the Sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the province of British Columbia including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

2.            Any dispute between any person and any of the Sponsors arising from, connected with or relating to the Contest, the Prizes, the Contest Website, the use or misuse of entrants’ personal information, or any related matters (collectively, the “Disputes”) must be resolved before the courts of British Columbia sitting in the City of Vancouver.  Entrants hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.  Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia within one (1) year after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. 

 

12.          ACCEPTANCE OF CONTEST RULES

  1. These are the official Contest Rules. 
  2. If any provision of these Contest Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect.
  3. This Contest is subject to applicable Federal, Provincial and Municipal laws and regulations.
  4. These Contest Rules are subject to change as they relate to future from time to time, for any reason, and without any prior notice or liability to you or any other person. 
  5. Each time you submit an entry, you should check these Contest Rules and review any changes since the last version.
  6. Each time you submit an entry, you acknowledge and signify that you have read, understood and agreed to be bound by these Contest Rules as they then read.
  7. Participation in the Contest constitutes irrevocable acceptance and agreement to all of these Contest Rules.